Reports of Cases at Law and in Equity Argued and Determined in the Supreme Court of Arkansas, 26권B.J. Borden, 1872 |
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21 페이지
... ; and in addition to this the cross bill charges that they had actual notice of the fraud of the makers of the note and mortgage , and of the appellant's lien . Cox v . Fraley . [ DECEMBER Garland & Nash OF THE STATE OF ARKANSAS . 21.
... ; and in addition to this the cross bill charges that they had actual notice of the fraud of the makers of the note and mortgage , and of the appellant's lien . Cox v . Fraley . [ DECEMBER Garland & Nash OF THE STATE OF ARKANSAS . 21.
23 페이지
... appellant was made a defendant , and for answer to the bill , he alleged that the note , to secure the pay- ment of which the mortgage was given , was executed without consideration ; that it and the mortgage were given to delay and ...
... appellant was made a defendant , and for answer to the bill , he alleged that the note , to secure the pay- ment of which the mortgage was given , was executed without consideration ; that it and the mortgage were given to delay and ...
24 페이지
... Appellant showed no interest in the property , and no claim even reduced to judgment ; and there was no error in sustaining the demurrer to the material allegations in his cross bill . And if there was no equity in appellant's cross ...
... Appellant showed no interest in the property , and no claim even reduced to judgment ; and there was no error in sustaining the demurrer to the material allegations in his cross bill . And if there was no equity in appellant's cross ...
33 페이지
... appellant . A period of twenty months after the pur- chase , and during all which time the appellant was in posses- sion of the premises , he says nothing about being defrauded . It seems , too , that he has not shown any promptness in ...
... appellant . A period of twenty months after the pur- chase , and during all which time the appellant was in posses- sion of the premises , he says nothing about being defrauded . It seems , too , that he has not shown any promptness in ...
36 페이지
... appellant . Watkins & Rose , for appellee . BOWEN , J. This is an action of debt brought by appellee against appel- Jant and others , in the circuit court of Sebastian county . At the October term , 1866 , suit was discontinued as to ...
... appellant . Watkins & Rose , for appellee . BOWEN , J. This is an action of debt brought by appellee against appel- Jant and others , in the circuit court of Sebastian county . At the October term , 1866 , suit was discontinued as to ...
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action Adm'r affidavit alleged answer appellant appellee Arkansas assignment authority bill of exceptions Bogan bond cause certificate Chicot County circuit court Circuit Judge claim clerk Code common law complainant Confederate Constitution contract Convention cotton county court court of equity debt DECEMBER declared decree deed defendant demurrer election entitled equitable lien error evidence executed facts filed Francis Griffin fraud Garland & Nash Gould's Digest grant Hale & Rector indictment issue James Sheppard Johnson judgment jurisdiction jury justice land Legislature lien Little Rock mandamus McDearmon McDiarmid ment mortgage motion overruled pardon parties payment Penn person petition plaintiff plea possession probate court proceedings Pulaski Pulaski county purchase money question quo warranto record rendered res adjudicata rule says Sheppard statute suit Supreme Court TERM thereof tion Tollison trial United valid verdict void Walker Ward writ
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183 페이지 - Though the Indians are acknowledged to have an unquestionable, and heretofore unquestioned, right to the lands they occupy, until that right shall be extinguished by a voluntary cession to our Government, yet it may well be doubted whether those tribes which reside within the acknowledged boundaries of the United States can with strict accuracy be denominated foreign nations. They may more correctly, perhaps, be denominated domestic dependent nations.
478 페이지 - That in actions by or against executors, administrators, or guardians, in which judgment may be rendered for or against them, neither party shall be allowed to testify against the other, as to any transaction with, or statement by, the testator, intestate, or ward, unless called to testify thereto by the opposite party, or required to testify thereto by the court.
294 페이지 - all persons within the jurisdiction of the United States shall have the same right in every State and Territory to make and enforce contracts, to sue, be parties, give evidence, and to the full and equal benefit of all laws and proceedings for the security of persons and property as is enjoyed by white citizens and shall be subject to like punishment, pains, penalties, taxes, licenses, and exactions of every kind, and to no other.
555 페이지 - The legislatures of those districts or new states, shall never interfere with the primary disposal of the soil by the United States in Congress assembled, nor with any regulations Congress may find necessary for securing the title in such soil to the bona fide purchasers. No tax shall be imposed on lands the property of the United States; and in no case shall non-resident proprietors be taxed higher than residents.
183 페이지 - They may, more correctly, perhaps, be denominated domestic dependent nations. They occupy a territory to which we assert a title independent of their will, which must take effect in point of possession when their right of possession ceases. Meanwhile they are in a state of pupilage. Their relation to the United States resembles that of a ward to his guardian.
88 페이지 - The powers of the government of the State of California shall be divided into three separate departments — the legislative, executive and judicial; and no person charged with the exercise of powers properly belonging to one of these departments shall exercise any functions appertaining to either of the others, except as in this Constitution expressly directed or permitted.
89 페이지 - The powers of the government of this state are divided into three distinct departments — the legislative, executive and judicial; and no person, or collection of persons, being one of these departments, shall exercise any power properly belonging to either of the others, except as hereinafter expressly directed or permitted.
332 페이지 - the indictment must contain: (1) the title of the prosecution, specifying the name of the court, in which the indictment is presented, and the names of the parties; (2) a statement of the acts constituting the offense, in ordinary and concise language, and in such a manner as to enable a person of common understanding to know what is intended...
90 페이지 - A pardon is an act of grace, proceeding from the power entrusted with the execution of the laws, which exempts the individual, on whom it is bestowed, from the punishment the law inflicts for a crime he has committed.
266 페이지 - A written constitution is, in every instance, a limitation upon the powers of government, in the hands of agents, for there never was a written republican constitution which delegated to functionaries all the latent powers which lie dormant in every nation, and are boundless in extent, and incapable of definition.